Palestine urges ICJ to declare Israeli occupation illegal as hearing begins
The ICJ is holding hearings all week on the legal implications of Israel's occupation since 1967, with an unprecedented 52 countries, including the United States and Russia, expected to give evidence.
The ICJ rules in disputes between states and its judgements are binding although it has little means to enforce them. However, in this case, the opinion it issues will be non-binding although most advisory opinions are in fact acted upon. / Photo: AP
Palestinian Foreign Minister Riyad Al Maliki has told the UN's top court his people were suffering "colonialism and apartheid" under the Israelis, urging judges to order an immediate and unconditional end to the occupation.
"The Palestinians have endured colonialism and apartheid... There are those who are enraged by these words. They should be enraged by the reality we are suffering," Al Maliki told the International Court of Justice (ICJ) on Monday.
Speaking in the Peace Palace in The Hague, where the ICJ sits, the minister urged judges to declare the occupation illegal and order it to stop "immediately, totally and unconditionally."
"Justice delayed is justice denied and the Palestinian people have been denied justice for far too long," he said. "It is time to put an end to the double standards that have kept our people captive for far too long."
'Impunity and inaction'
In December 2022, the UN General Assembly asked the ICJ for a non-binding "advisory opinion" on the "legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem."
While any ICJ opinion would be non-binding, it comes amid mounting international legal pressure on Israel over its war in Gaza.
The hearings are separate from a high-profile case brought by South Africa alleging that Israel is committing genocidal acts during the current Gaza invasion.
Al Maliki charged however that "the Genocide underway in Gaza is a result of decades of impunity and inaction."
"Ending Israel's impunity is a moral, political and legal imperative," he said.
In January, the ICJ ruled in that case that Israel must do everything in its power to prevent genocide and allow humanitarian aid into Gaza, stopping short of ordering a ceasefire.
On Friday, it rejected South Africa's bid to impose additional measures on Israel, but reiterated the need to carry out the ruling in full.
The International Court of Justice has begun historic hearings addressing the legal consequences of Israel’s occupation of Palestine for the last 57 years amid Tel Aviv’s relentless war on Palestine’s Gaza.
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'Prolonged occupation'
The UN General Assembly asked the ICJ to consider two questions.
Firstly, the court should examine the legal consequences of what the UN called "the ongoing violation by Israel of the right of the Palestinian people to self-determination".
This relates to the "prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967" and "measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem".
The ICJ has also been asked to look into the consequences of what it described as Israel's "adoption of related discriminatory legislation and measures."
Secondly, the ICJ should advise on how Israel's actions "affect the legal status of the occupation" and what are the consequences f or the UN and other countries.
The court will rule "urgently" on the affair, probably by the end of the year.
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